From today's Cyprus Mail so the local Brits can read about it.
ECJ endorses 2004 Orams ruling
By Alexia Saoulli
THE EUROPEAN Court of Justice (ECJ) has endorsed a Nicosia court ruling on the Orams property dispute in which the legal claims by refugee Greek Cypriot property owners were upheld.
ECJ Advocate-general Juliane Kokott has advised the ECJ that the Nicosia court “has jurisdiction in relation to the property dispute, irrespective of the fact that the Republic of Cyprus does not exercise effective control over northern Cyprus”.
Her opinion is not legally binding, but in almost all cases European judges follow her recommendations.
“The question is not whether or not the properties in the illegally occupied north of Cyprus still belong to the refugees who fled after the Turkish invasion of 1974, they clearly do,” said Theo Theodorou, spokesman for Lobby for Cyprus.
“The real question is why Turkey continues to behave like some delusional Walter Mitty figure and pretends to the outside world that it can do as it seems fit with the property that is stolen. Every court that has ever looked at the issue has come to the same conclusion.
“Greek Cypriot property in the occupied north of Cyprus still belongs to those Greek Cypriots and not to any person that Turkey sells it to.”
Theodorou was citing four recent decisions of the European Court of Human Rights (ECHR) as well as Kokott’s studied opinion.
Theodorou explained that following a lower court’s decision that British couple Linda and David Orams had the right to own and build on property belonging to a Greek Cypriot refugee and following the owner’s appeal of the decision, the Court of Appeal of England and Wales had requested a legal opinion from the ECJ.
In 2004, a Nicosia District Court ruled that the Orams demolish their house, return the land, and pay “rent” for the time they lived there.
Theodorou said Kokott was asked to interpret the European Union’s Brussels Regulation in this case which deals with the recognition and enforcement of judgements issued by courts in other EU-member states.
He said the fact that the Nicosia court’s “judgement cannot actually be enforced at this time does not, in the Advocate-general’s opinion, relieve courts in other member states from the obligation to recognise and enforce the judgement”.
“Yet another court has pronounced on the rights of the refugees, and this should be another warning to those who have bought or are seeking to buy property in the north of Cyprus that they will lose their money and could be parties to criminal acts,” Theodorou said.
“Turkey obviously plans to concrete over Greek Cypriot properties in the occupied area and sell anything that is built on this land to non-Cypriot buyers.
“However, those buyers must take note of all of these legal developments and be prepared to face the inevitable consequences of their illegal purchase, which could include losing their own properties in their home country.”
Theodorou advised anyone thinking of buying property in the north of Cyprus to contact the lobby gorup on +44 208 888 2556 for more information about these and earlier decisions by the ECHR all of which have been in favour of the absentee owners.
Copyright © Cyprus Mail 2009
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